Loading...
HomeMy WebLinkAboutORD 13-Wo _e y / `5 6 & -o rl AN ORDINANCE 0")6(, /3_t\/ ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT SEVENTH STREET FROM EVALON STREET TO THE SOUTH LINEOF THE PRESENT S. & E. T. RAILROAD COMPANY RIGHT OF WAY BE PERMANENTLY IMPROVED; APPROV- ING AND ADOPTING THE PLANS AND SPECIFICATIONS PRE- PARED BY THE CITY ENGINEER FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; PROVIDING FOR THE MANNER IN WHICH THE COST OF SAID 1MPROVaIENTS SHALL BE PAID; AUTHOR- IZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE IMPROVEMEItT OF SEVENTH STREET WITHIN THE LIMITS INDI- CATED AND AS PER PLANS AND SPECIFICATIONS HERETOFORE PREPARED BY THE CITY ENGINEER; DIRECTING THE CITY MANAGER TO CAUSE TO BE PREPARED AND TO FILE THE NOTICE OF THE ENACTMENT OF THIS ORDINANCE WITH THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: SECTION 1: That there exists a public necessity for, and it is hereby determined, that it is necessary to permanently improve the fol- lowing street within The City of Beaumont, Texas, to wit: Seventh Street from Evalon south line of the present road Company right of way. SECTION 2: Street to the S. & E. T. Rail - That it is hereby ordered that the aforesaid street within - the limits above described shall be improved by filling, grading, raising, paving, repaving, or repairing same as follows, to wit: The street paving shall be constructed of six (611) inches Reinforced Portland Cement Concrete with Integral Curb and Gutter; and by the construction of such storm sewers and drainage facilities and other necessary incidentals and appurtenances, all as deemed adequate by the City Engineer and as provided for in the Plans and Specifications for such improvements heretofore prepared by the City Engineer and hereinafter approved and adopted. SECTION 3 In providing for and making such improvements it is hereby determined to proceed under and in the exercise of the powers, terms and provisions of the Acts of the First Called Session of the 40th Legislature of the State of Texas, 1927, Chapter 106, said Act being commonly known as Article 1105-b of the Revised Civil Statutes of the State of Texas, 1925, as amended, which Act is adopted by Article XIV, Section 2, of the Charter of The City of Beaumont. SECTION 4: That, whereas, the City Engineer has heretofore prepared and filed with the City Council of The City of Beaumont, complete Plans and Specifications for.such proposed improvements, which Plans and Specifications are on file in the office of the City Engineer of said City, said Plans and Specifications are hereby approved and adopted for use in the construction of said improve- ments on the street.: hereinabove described. SECTION 5: The costs of said improvements shall be apportioned and paid for as follows, to wit: (a) The City of Beaumont shall pay to the Contractor forty per cent (40%) of the total cost of all street and storm sewer improvements, including the eight and one hand per cent ($-1%)-Engineering fee. From this forty per cent (40%) shall be deducted the total Engineering fee of eight and one half per cent ($2%). The balance shall be paid to the Contractor in cash. (b) The property abutting upon said street to -be improved hereunder and the real and true owners thereof, shallay to the Con- tractor sixty per cent (600 of the total cost of all street and storm sewer improve- ments, including the eight and one half per cent (81%) Engineering fee. Eight and one half per cent (82%) of the total cost of said improvements shall be added to and included in the cost of -said improvements to cover the cost of engineering, advertising, and contingencies, which amount shall be included in the cost of said improvements to be apportioned between the property owners and said City as hereinabove provided. The total amount of such engineering and incidental expenses will be deducted from the Cityts portion of the cost to be paid to the Contractor. The amounts payable by the abutting property and the real and true owners thereof shall be assessed against such property and the real and true owners thereof, and shall constitute a first and prior lien upon such abutting property, and a personal liabil- ity of the real and true owners thereof, and shall be payable as follows, to wit: The amount of said assessments shall be payable in five (5) equal annual install- ments, the first of which to be due and payable thirty (30) days after the date said improvements are completed and accepted by the City Council,,of The City of Beaumont, and the remaining four (4) installments to 2. be due and payable respectively in one (1), two (2), three (3), and four (4) years,from and after the date of such acceptance, to- gether with interest thereon from date of acceptance at the rate of six per cent (60) per annum, payable annually; provided, how- ever that the owners of said property shall have the privilege of paying any one of, or all of such installments at any time before maturity thereof; by paying the total amount of principal due, together with interest ac- crued to the date of payment; further, that if default be made in the payment of any of said installments of principal or interest, promptly as same matures, then, at the option of the Contractor or his assigns, the entire amount of the assessment upon which such de- fault is made shall be and become immediately due and payable, together with reasonable attorneyts fees -and collection costs, if in- curred; however, it is specifically stipu- lated and provided that no assessment shall in any case be made against any property, or the real and true owners thereof in excess of the special benefits to accrue to such property in the enhanced value thereof, re- sulting from said improvements. SECTION 6: In the levying and making of said assessments;_ if the name of any owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of any owner, but the real and true owner of the property mentioned shall be liable and the assessment against the property shall be valid, whether or not such owner be correctly named. It is further provided, as is stipulated by the provision of said charter and laws hereinabove identified that said improve- ments may be omitted in front of any property, exempt from the lien of special assessment and street improvements, without inval- idating or affecting the assessments against the remaining prop- erty abutting upon said street. SECTION 7• That the City Clerk of The City of Beaumont is hereby auth- orized -to advertise for and receive competitive bids on the con- struction of the aforesaid improvements for the length of time and in the manner and form as required by the Charter of The City of Beaumont and the laws of the State of Texas, especially Article VII, Section $, of the Charter of The City of Beaumont, and Arti- cle 236$-a of the Revised Civil Statutes of the State of Texas, 1925, as amended. 3. SECTION 8• That the City Manager is hereby authorized and directed to prepare, or cause to be prepared, a Notice in the name of said City, of the action -taken herein and to execute said Notice on behalf of said City, and the City Clerk is hereby authorized and directed to attest said Notice with the seal of said City, and to file same with the County Clerk of Jefferson County, Texas, among the Mortgage Records of said County. 1950. PASSED by the City Council this 11th day of September, A.D. 4. - Mayor - J /